Governor Rick Perry of Texas announced during a press conference on Tuesday that he will sue the United States Environmental Protection Agency on “behalf” of his state in order to stop the agency’s regulation of global warming pollution. Perry says that his intention is to, “defend Texas’ environmental successes against federal overreach. “ He went on to criticize President Obama’s approach to environmental policy. He said the Obama Administration is “…using sweeping mandates and draconian punishments to force a square peg of their vision into the round hole of reality “

The “meat” of Perry’s argument is based upon the “ClimateGate” emails leaked to the public months ago. Texas Attorney General Greg Abbott charges that the emails are “tainted” evidence used by the EPA to determine in December that heat trapping gasses are a health threat that can be regulated by the United States government and the agency specifically.

Perry and other Texas officials submitted a “Petition for Review” to the EPA. In the overview section of the report the petition questions the conclusions of the United Nations International Panel on Climate Change (IPCC), a body considered generally to be a reliable and important source of information regarding climate change. The petitions states in part:

“Previously private email exchanges among top IPCC climatologists reveal an entrenched group of activists focused less in reaching an objective scientific conclusion than on achieving their desired outcome. These scientists worked to prevent contravening studies from being published, colluded to hide research flaws, and collaborated to obstruct the public’s legal right to public information under open records laws.”

I'm not an expert in this, but from what I've read, because the EPA’s prospective regulation of carbon would be through the regulatory process rather than as a result of carbon regulation laws passed by the Congress, it's easier to successfully have them struck down in court.

My own understanding is that if Congress were to find that carbon was a danger and needed to be regulated, and then passed specific laws regulating carbon, the courts would give high deference to such legislation.

The EPA would merely be obeying the law's explicit instructions, and would rely on Congress's findings of fact.

But because the current attempt is to do it through the regulatory process, the EPA derives its power to regulate carbon not via direct legislation dealing specifically with carbon, but via laws mandating regulation of pollutants, generally. The EPA, then, is relying directly on the science to support its regulations, not on the direct instructions of Congress.

Thus, a lawsuit that challenges the science on which the EPA relies has a much better chance of success.

Or, that's how I understand it.

sitetest

18
posted on 02/19/2010 2:34:50 PM PST
by sitetest
( If Roe is not overturned, no unborn child will ever be protected in law.)

The EPA needs to be dismantled, everybody fired and then sued into the ground and covered with 1000 tons of rocks.
They and their kind are what’s wrong with our gov.
They hate America and what we were a long time ago!

19
posted on 02/19/2010 2:37:31 PM PST
by LadyPilgrim
((Lifted up was He to die; It is finished was His cry; Hallelujah what a Savior!!!!!! ))

Perry attempted to confiscate 600+ thousand acres of private farm and ranch land passed down for generations, claiming imminent domain so he could build his NAFTA superhighway from Mexico. Commonly known as the Trans-Texas Corridor.

Plans were also in the works to build a deep sea port down in Mexico to circumvent American workers for cheaper Mexican workers.

This idea that Beck (or anybody else) sabotaged Medina is absurd. If you cant answer did the govt have anything to do with the 9/11 attacks? you're not be fit to run for dogcatcher.

For God's sake, has anybody really looked into her platform- her background? Has this woman even been vetted?

She wants legalized drugs.

She backs gay marriage.

.

She has not spoken to her elderly parents for YEARS.They had to find out she was runing for governor of Texas by reading the newspaper!

http://www.statesman.com/news/texas-politics/medina-hailing-from-beeville-learned-political-skills-on-229907.html?srcTrk=RTR_95609 What does this say about this woman's character? And rumors are begin to surface about husband Noe's past associations.

Take a look at some of the statements she has made: "Its a shame isnt it, that Republicans continue to ignore Hispanics especially here in Texas?

"Who is going to think more about Latino families? Rick Perry, Kay Bailey Hutchison or me, who has a Latino family?

"Being married, however, to someone with a Mexican American heritage, I certainly embrace the culture.

"I believe we too often get into race when its immaterial. (Obummer, is that you?)

I don't believe for one minute Medina's propaganda about wanting to strengthen the border!

La Raza probably has her in their back pocket!

Glenn Beck has once again helped the tea-party stay in the Republican mainstreamby by weeding out dangerous fringe thinkers like Medina.

Medina is NOT representative of the Tea Party movement. She USED them- latched herself on to them. Shes a hard core Libertarian who has realized that the Libertarian Party will never win anything and that the only possible way to get herself into office is to do what Ron Paul did and wrap herself in the Republican cloak in hopes that it will fool enough of the voters enough of the time. Thank God Glen Beck outed her in time.

Unfortunately, Ricky P has a track record of saying all the right stuff, getting his pretty face on TV and sounding good, while all the while stabbing us in the back. I do wish I could trust that this is real, not just an election-year show.

27
posted on 02/19/2010 3:11:59 PM PST
by Jedidah
(Character, courage, common sense are more important than issues.)

He started complaining about federal mandates and other thins over a year ago.So how is slightly over halfway through his term doing that? He’s a pretty good governor. We can keep him, no complaints from me.

42
posted on 02/20/2010 5:54:48 AM PST
by Quickgun
(As a former fetus, I'm opposed to abortion. Pray for Obama,Psalms109:8)

He’d be just fine as president. I know there are some, who since,they ,themselves can’t be governor will never be happy with anyone. But Rick’s been there a long while, and in that long while, he’s done very little to annoy me. And, for the most part, Texas is doing lots better than some of the other states. Governors can’t always make states prosper, true, but they can screw things up. And he hasn’t done that.
Some folks try to hammer him on the immigration issue, but the other border states have an even bigger problem with it. That needs to be addressed at the federal level. (unless we secede,and I don’t see that yet)

43
posted on 02/20/2010 6:08:53 AM PST
by Quickgun
(As a former fetus, I'm opposed to abortion. Pray for Obama,Psalms109:8)

And he dropped both of those things because the people said they didn’t want them. So what is so bad about that? Now we have 2 north-south interstates falling apart that are going to need complete makeovers. I was opposed to the corridor too, but only because of the amount of land that proposed being used. All the talk about giving our jobs to Mexico, China owning the highway, etc, etc, not true.

45
posted on 02/20/2010 6:18:41 AM PST
by Quickgun
(As a former fetus, I'm opposed to abortion. Pray for Obama,Psalms109:8)

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